Page:Private Lotteries Act 2011.pdf/27

This page has been proofread, but needs to be validated.

PRIVATE LOTTERIES

27



(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Proceedings for an offence under this Act alleged to have been committed by a partnership shall be brought in the name of the partnership and not in that of the partners, but without prejudice to any liability of the partners under subsection (5).

(4) A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the partnership assets.

(5) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of a partner, the partner shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Forfeiture

28.—(1) A court may order that—

(a) any money or other valuable thing shown to the courtʼs satisfaction to represent the price of tickets or chances, or prize money or prizes, in a private lottery promoted or conducted in contravention of section 21; or
(b) any machine or part thereof, document or other thing shown to the courtʼs satisfaction to relate to the commission of an offence under section 21,

shall be forfeited to the Government, and either destroyed or otherwise dealt with in such manner as the court may order.

(2) Where—

(a) the court proposes to order anything to be forfeited under this section; and
(b) a person claiming to have an interest in it applies to be heard by the court,

the court shall not order it to be forfeited unless that person has been given an opportunity to show cause why the order should not be made.